The Andhra Pradesh Housing Board Act, 1956.

THE ANDHRA PRADESH HOUSING BAOARD ACT, 1956
Act No XLVI of 1956
ARRANGEMENT OF SECTIONS
CHAPTER – I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER – II
ESTABLISHMENT OF THE BOARD
3. Incorporation
4. Constitution of the Board
4-A. Omitted
5. Leave of absence of Chairman
6. Disqualification for appointment on Board
7. Term of office and conditions of service
8. Vacancy of a member
9. Vacancy to be filled
10. Vacancy or irregularities not to invalidate the proceedings
11. Appointment of Committees
12. Meetings of the Board
13. Power to make contracts
13-A. Appointment of Vice-Chairman and Housing Commissioner
14. Execution of contracts
15. Further Provision as to execution of contracts
16. Application of  Service Rules and Certain other rules
17. Appointment of Officers & Servants
18. Conditions of service of Officers and servants
18-A. Delegation
19. Absorption of the existing staff of the Hyderabad City Improvement Board
and the Secunderabad Town Improvement Trust by the Board
20. General disqualification of all Officers and servants
CHAPTER – III
HOUSING SCHEMES
21. Duty of Board to undertake housing schemes
21-A. Creation of subsidiaries
21-B. Activities of subsidiaries
22. Matters to be provided for by housing schemes
22-A. Declaration of intention to make a housing scheme
23. No housing scheme to be made for area included in improvement scheme
or be inconsistent with town planning scheme
24. Preparation and submission of annual housing programme, budget and
establishment schedule
25. Programme to be published for inviting suggestion and objections
26. Sanction to Programme, budget and Establishment Schedule
27. Publication of sanctioned programme
28. Supplementary programme budget and establishment schedule
29. Variation of programme by Board after it is sanctioned
30. Sanctioned Housing Schemes to be executed
31. Publication of housing scheme in the Andhra Pradesh Gazette
32. Transfer to the Board for purposes of housing scheme of land vested in
local authority
33. Compensation in respect of land vested in the Board
34. Power of Board to turn or close public street vested in it
35. Reference to Tribunal in case of dispute under sections 33 or 34
36. Vesting in local authority of street laid out or altered and open space
provided by the Board under housing scheme
37. Other duties of the Board
38. Reconstitution of plots
39. Power to exempt schemes from provisions of section 24 to 31
CHAPTER – IV
ACQUISITION AND DISPOSAL OF LAND
40. Power to purchase or lease by agreement
40-A.  Modification of the Land Acquisition Act, 1894
40-B. Payment of Compensation
40-C. Power of Government to transfer Government land to the Board.
41. Betterment charges
42. Notice to persons liable for betterment charges
43. Agreement for payment of betterment charges
44. Recovery of betterment charges
45. Power to dispose of land
46. Disputes regarding reconstitution of plots
CHAPTER – V
TRIBUNAL
47. Constitution of the Tribunal
48. Duties of Tribunal
49. Omitted
50. Powers of and procedure before Tribunal
51. Decision of Tribunal to be final
CHAPTER-VI
POWER TO EVICT PERSONS FROM BOARD PREMISES
52. Power to evict certain persons from Board premises
53. Power to recover rent or damages
54. Rent to be recovered by deductions from salary or wages in certain cases
55. Appeal
56. Procedure and powers of competent authority and appellate authority
57. Bar of Jurisdiction of Civil Courts
CHAPTER – VII
FINANCE ACCOUNTS AND AUDIT
58. Board’s Fund
59. Application of the fund
60. Expenditure in case of urgency
61. Subventions and loans to the Board
62. Power of Board to borrow
63. Accounts and Audit
64. Concurrent and special audits of accounts
CHAPTER VIII
MISCELLANEOUS
65. Reports
66. Other statements and returns
67. Power of entry
68. Notice of suit against Board
69. Triennial valuation of assets and liabilities of the Board
70. Power to make Rules
71. Regulations
72. Power to make bye-laws
73. Penalty for contravention of bye-laws
74. Penalty for obstructing etc.
75. Penalty for contravention of any provisions of Chapter VI and for
obstructing lawful exercise of power thereunder
76. Authority for prosecution
77. Certain persons to be public servants
78. Protection of action taken under this Act
79. Government’s powers of supervision
80. Default in performance of duty
81. Dissolution of the Board
81-A. Power to remove difficulties
82. Repeal and saving
THE ANDHRA PRADESH HOUSING BAOARD ACT, 1956
Act No XLVI of 1956
 [5th October 1956]
AN ACT TO PROVIDE FOR MEASURES TO BE TAKEN TO DEAL WITH AND
SATISFY THE NEED OF HOUSING ACCOMMODATION.
1[Whereas, the Directive Principles of State Policy command the State to
promote the welfare of the people and providing housing is essential for
promoting the welfare of the people;
And whereas, there is a serious need for housing accommodation in the
State for several sections of the society;
And whereas, the Andhra Pradesh Housing Board was established under
the Act as an agent and an extended arm to the State by discharging the duty
of the State for providing housing to the various classes of the people including
poor, low income and the middle income groups, in particular, people
belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes and
Minority Communities;
And whereas, various governmental powers and privileges have been
conferred on the Andhra Pradesh Housing Board for discharging the said
duties;
And whereas, such Board would hold all the land on behalf of the State
and enter into various actions/transactions on behalf of the State for the
purpose of providing housing to the needy and developments of housing
infrastructure;
And whereas, all the powers and functions exercised by the Andhra
Pradesh Housing Board are deemed to have been exercised by the State of
Andhra Pradesh and property and income of the Andhra Pradesh Housing
Board shall always be deemed to be that of the State falling under Article
289(1) of the Constitution of India;
Accordingly, the Board is vested with the various powers and privileges of
the State to discharge the responsibility of the State for providing housing
accommodation.]
Be it enacted in the seventh year of our republic as follows:-
CHAPTER – I
PRELIMINARY
2[1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Housing Board Act, 1956.
2. It extends to the whole of the State of Andhra Pradesh.
3. It shall come into force on such date and in such areas as the State
Government may, by notification in the Andhra Pradesh Gazette, appoint and
different date may be appointed for different areas.]
1. Substituted by the Act No. 33 of 2018, S.2.2. Substituted by the Act No. 15 of 1962, S.3.
2. Definitions:- In this Act, unless there is anything repugnant in the subject
or context, –
(1) “Board” means the Housing Board constituted under Section 3;
(2) “Board premises” means any premises belonging to or vesting in the
Board or taken on lease by the Board or entrusted to the Board under this Act
for management and use for the purposes of this Act;
(3) “Building materials” means such commodities or articles as are
specified to be building materials for the purpose of this Act by the Government
by notification in the1[Andhra Pradesh Gazette;]
(4) “Bye-laws” means bye-laws made under Section 72;
(5) “Chairman” means the Chairman of the Board;
(6) “Competent Authority” means any person authorised by the
Government by notification in the1[Andhra Pradesh Gazette] to perform the
function of the competent authority under Chapter VI for such areas as may be
specified in the Notification;
(7) “Corporation” means a Municipal Corporation constituted under the
Hyderabad Municipal Corporations Act, 1955 (11 of 1956) for the cities of
Hyderabad and Secunderabad;
2[(7-A) ‘Government’ means the State Government;]
 (8) “Housing scheme” means a housing scheme made under this Act;
(9) “Land” includes benefits arising out of land and things attached to the
earth or permanently fastened to anything attached to the earth;
(10) “Local authority” includes Municipal Corporation Municipal and
Town Committees,3[District Municipalities, Zilla Parishads, Panchayat
Samithis]  and Village Panchayats;
(11) “Member” means a member of the Board.
(12) “Premises”4[means any land or building] or part of a building and
includes-
(i) gardens, grounds and outhouses, if any, appertaining to
such building or part of a building, and
(ii) any things affixed to such building or part of a building
for the more beneficial enjoyment thereof;
(13) “Prescribed” means prescribed by rules made under this Act;
(14) “Programme” means the annual housing programme prepared by the
Board under section 24;
(15) “Regulations” means regulations made under Section 71;
(16) “Rules” means rules made under Section 70;
1. Substituted by Act No.15 of 1962. S,23.2.Inserted by the Act No. 15 of 1962, S.4.3. Substituted by the Act No. 15 of 1962, S.4.4.  Substituted by the Act No. 15 of 1962, S.4.
(17) “Secretary” means the Secretary of the Board;
(18) “Tribunal” means any Tribunal constituted under Section 47; and
(19) “year” means the year commencing on the 1st day of April and
ending on the 31st March.
CHAPTER – II
ESTABLISHMENT OF THE BOARD
3. Incorporation - (1) With effect from such date as the Government may by
notification in the1[Andhra Pradesh Gazette] appoint in this behalf, there shall
be established for the purposes of this Act, a Board by the name of the
Hyderabad Housing Board.
(2) The Board shall be a body corporate having perpetual succession and
a common seal and may sue and be sued in its corporate name and shall be
competent to acquire and hold property both moveable and immoveable and to
contract and do all things necessary for the purposes of this Act.
2[(3) For the removal of doubts, it is clarified that the Board is and always
be deemed to be an agent and extended arm of the State and shall act and
deemed at all times to have acted on behalf of the State while discharging its
functions under this Act.
(4) Notwithstanding any other provision in the Act or any other law, for
the time being in force, the Board shall hold and be deemed to have held all
movable and immovable property and all funds on behalf of the State and all
income thereon shall belong to the State and shall always be deemed to have
belonged to the State.
(5) For the purpose of Sections 13, 14 and 15 or any other provision
relating to contracts under the Act, the Board shall enter into and all along be
deemed to have entered into contracts as an agent of the State and all such
acts and contracts shall be deemed to have been entered into on behalf of the
State.]
3[ 4[(6)] For the purposes of this Act, the Land Acquisition Act, 1894
(Central Act 1 of 1894), and the Andhra Pradesh Buildings (Lease, Rent and
Eviction) Control Act, 1960 (Andhra Pradesh Act XV of 1960), the Board shall
be deemed to be a local authority.]
EXPLANATION:- The purposes of this Act referred to in5[sub-section (6)]
include the management and use of lands and buildings belonging to or vesting
in the Board under or for the purposes of this Act and the exercise of its rights
over and with respect of such lands and buildings for the purposes of this Act.
 4. Constitution of the Board – 6[(1) The Board shall consist of the following
members, namely:-
(a) The Chairman, to be appointed by the Government;
1. Substituted by the  Act No.15 of 1962. S,23.2. Inserted by the Act No. 33 of 2018, S.3.3.Inserted by the Act No. 15 of 1962, S.5.4.Sub section(3)Renumbered as sub section (6)  by the  Act No.33 of 2018.5. Substituted by the Act No. 33 of 2018, S.3.6. Substituted by the Act No. 33 of 2018, S.4.
(b) The Secretary/Principal Secretary/ Special Chief Secretary to
Government, Municipal Administration and Urban Development
Department;
(c)   The Vice Chairman and Housing Commissioner, Ex-Officio;
(d) The Managing Director, Andhra Pradesh State Housing Corporation
Limited;
(e)   The Managing Director, Andhra Pradesh Township and
Infrastructure Development Corporation Limited;
 (f)   The Commissioner, Capital Region Development Authority;
(g)  The Mission Director, Mission for Elimination of Poverty in Municipal
Areas;
(h)  The Additional Secretary/Joint Secretary/Deputy Secretary,
Municipal Administration and Urban Development Department;
(i)   An officer of the Finance Department to be nominated by the
Government;
(j)  The Chief Engineer, Andhra Pradesh Housing Board, Ex-Officio;
(k)  The Chief Engineer/Engineer-in-Chief(Public Health), Ex-Officio;
(l) The Chief Engineer/Engineer-in-Chief(Buildings), Ex-Officio;
(m)  The Director of Town & Country Planning, Ex-Officio;
(n) The Commissioner and Director of Municipal Administration, Ex-
Officio;
(o)  The Additional Secretary/Joint Secretary/Special Secretary, Energy
Department;
(p) The Commissioner, Municipal Corporation of Vijayawada, Ex-Officio;
(q) The Vice Chairman of the Visakhapatnam Urban Development
Authority;
(r) The Regional Chief / Executive Director, Housing and Urban
Development Corporation;
(s) Two Members to be nominated by the Government each to represent
the Coastal Andhra and Rayalaseema regions of the State;
(t) Any other Member(s) appointed by the Government.’’]
(2) Any member of the Board may at any time resign his office by
submitting his resignation to the Government:
Provided that the resignation shall not take effect until it is accepted.
1[Explanation.- Any provision relating to a member contained in sub-
section (2) of this section, sub-sections (1) and (2) of section 7, and sections 8
and 9 shall, except where the context otherwise requires, be deemed to apply
also to the Chairman.]
1 .Added by the Act No. 4 of 1984, S.2.
4-A.1[XXX]
5. Leave of absence of Chairman - The Government may from time to time
grant to the Chairman such leave as may be admissible under the rules and
any person whom the Government appoints to act for the Chairman during
such absence on leave shall, while so acting be deemed for all purposes of this
Act to be the Chairman.
6. Disqualification for appointment on Board - (1) A person shall be
disqualified for being appointed or continuing2[as the Chairman or member] of
the Board, if he;
(a) holds any office or place of profit under the Board;
(b) is of unsound mind and stands so declared by a competent
court;
(c) is an undischarged insolvent;
(d) subject to the provisions of sub-section (2) has directly or
indirectly by himself or his partner or if he belongs to join Hindu
family by any member of such family any share or interest in any
contract (except as a share holder other than a Director in a
company) or employment with, by or on behalf of the Board.
(2) A person shall not be deemed to have incurred disqualification under
clause (d) of sub-section (1) by reasons only of his :-
(a) receiving pension from the Board;
(b) having any share or interest in-
(i) any lease, sale, exchange or purchase of land or any
agreement for the same;
 (ii) any agreement for the loan of money or any secure for
the payment of money only;
(iii) Any newspaper in which any advertisement relating to
the affairs of the Board is inserted.
(iv) Any joint-stock board or any society registered or deemed
to be registered3[under the Andhra Pradesh (Andhra Area)
Co-operative Societies Act, 1932 (Act VI of 1932) or] which
shall contract with or be employed by the Chairman or any
Officer on behalf of the Board;
4[(v) the occasional sale to the Chairman or any Officer on
behalf of the Board of any article in which the regularly
trades, of a value not exceeding in the aggregate in any
financial year one thousand rupees;]
(vi) The occasional letting out on hire to the Board or hiring
from the Board of any article for an amount not exceeding in
the aggregate in any one financial year five hundred rupees;
1. Omitted by Act No.4 of 1984. S,3.2. Substituted by the Act No. 4 of 1984, S.4.3 .Inserted  by the Act No. 15 of 1962, S.7.4. Inserted  by the Act No. 4 of 1984, S.4.
(c) Occupying as a tenant for the purpose of residence any
premises belonging to the Board;
7. Term of office and conditions of service – 1[(1) The Chairman and every
member of the Board, other than ex-officio members, shall hold office during
the pleasure of the Government.]
(2) 2[Every member] shall receive such allowance as may be prescribed
which shall be paid from the fund of the Board.
3[(3) The Chairman may hold office in an honorary capacity or on
payment of remuneration. If any remuneration is to be paid to the Chairman,
such remuneration and other conditions of service shall be such as may be
prescribed. The remuneration shall be paid from the Fund of the Board.]
8. Vacancy of a member - If a member,-
(a) becomes subject to any of the disqualifications mentioned in
Section 6, or
 (b) tenders his registration in writing to the Government, or
(c) is absent without the permission of the Board from three
successive ordinary meetings of the Board, he shall cease to be a
member.
9. Vacancy to be filled - Any vacancy in the Office of a member due to death,
resignation or removal or becoming in capable of acting as such shall be filled
by the Government, by appointment of a person thereto, who shall hold Office
so long only as the member in whose place he is appointed would have held it if
the vacancy had not occurred.
10. Vacancy or irregularities not to invalidate theproceedings - (1) No act
of the Board or any person acting as Chairman or member there of shall be
deemed to be invalid by reason only of some defect in the appointment of such
Board or appointment of such Chairman or member, or on the ground4[that
they or any of them were disqualified] for such Office or that formal notice of
the intention to hold a meeting of the Board was not duly given or for any
informality.
(2) Any thing done or any proceeding taken under this Act shall not be
questioned on account of any vacancy in the Board.
11. Appointment of Committees - Subject to such rules as may be made in
this behalf the Board may, from time to time, and for any particular local area
appoint one or more committees for the purpose of discharging such duties or
performing such functions as it may delegate to them and any such committee
may discharge such duties or perform such functions with due regard to the
circumstances and requirements of that particular area.
12. Meetings of the Board - The Board shall meet from time to time make
such arrangements with respect to the day, time notice, management and
adjournment of its meetings as it thinks fit subject to the following provisions,
namely:-
1.Substituted by the Act No. 6 of 1996, S.2.2.Substituted by the Act No. 4 of 1984, S.5.3. Substituted by the Act No. 4 of 1984, S.5.4. Substituted by the Act No. 4 of 1984, S.6.
(a) an ordinary meeting shall be held once atleast every month;
(b) The Chairman may whenever he thinks fit, call for special
meetings;
(c) The quorum for a meeting shall be half the whole number of the
members;
(d) Every meeting shall be presided over by the Chairman and in
his absence, by any member chosen by the members present at
the meeting to preside for the occasion;
(e) If less than one-half of the whole number of members is present
at a meeting, the Chairman shall adjourn the meeting to such time
on the following day or some other future day as he may fix. A
notice of the meeting so fixed shall be posted in the Board’s Office.
The business which could not be considered at the meeting so
postponed for want of quorum shall be brought before and
disposed of at the meeting so fixed or at any subsequent adjourned
meeting irrespective of whether there be any quorum or not;
(f) All questions at any meeting shall be decided by a majority of
votes of the members present and voting and in case of equality of
votes the person presiding shall have and exercise a second or
casting vote.
(g) The minutes of the proceedings of each meeting shall be
recorded in a book to be provided for the purpose.
13. Power to make contracts - The Board may enter in to and perform or
require the performance of all such contracts as it may consider necessary or
expedient for carrying out any of the purpose of this Act.
1[13-A. Appointment of Vice-Chairman and Housing Commissioner- (1)
The Government may appoint a Vice-Chairman and Housing Commissioner to
the Board, who shall be the Chief Executive Officer of the Board and he shall
be responsible for implementing the resolutions of the Board or any committee
thereof. The Vice-Chairman and Housing Commissioner shall also exercise
such powers and perform such functions as may be entrusted to him by the
Government. The staff borne on the establishment of the Board shall be under
the administrative control and supervision of the Vice-Chairman and Housing
Commissioner.
(2) The Government shall pay in the first instance out of the Consolidated Fund
of the State, the salary, allowances, leave allowances, pension and
contributions, if any, towards the provident fund or provident-cum-pension
fund of the Vice-Chairman and Housing Commissioner appointed by them for
the Board, and it shall be subsequently reimbursed from the fund of the Board
in such manner as may be prescribed.
(3) The Government shall have power to make rules to regulate the
classification and methods of recruitment, conditions of service, pay and
allowances and discipline and conduct of the Vice-Chairman and Housing
Commissioner.]
1. Inserted by the Act  No. 4 of 1984, S.7.
14. Execution of contracts - (1) Every Contract shall be made on behalf of the
Board by the1[Vice-Chairman and Housing Commissioner]:
 Provided that –
 (a) No contract involving an expenditure2[more than the limits as may be fixed
by the Government from time to time] shall be made without the previous
sanction of the Government.
(b) (i) No contract involving an expenditure of rupees3[as may be fixed by the
Government from time to time]shall, subject to clause (a), be made without the
previous sanction of the Board.
(ii) No estimate or tender involving an expenditure of rupees
three thousand and more shall subject to clause (a), be
sanctioned or accepted without the previous sanction of the
Board.
(2) Sub-section (1) shall apply to every variation or abandonment of a contract
or estimate as well as to an original contract or estimate.
15. Further Provision as to execution of contracts - (1) Every contract made
by the4[Vice-Chairman and Housing Commissioner] on behalf of the Board
shall, subject to the provision of this section, be entered in to in such manner
and form as may be prescribed.
(2) A contract not executed as provided in this section and the rules
made thereunder shall not be binding on the Board.
16. Application of5[Service Rules] and Certain other rules - Unless
otherwise provided in this Act or prescribed thereunder6[the provisions of the
Service Rules for the time being in force in the State] relating to salaries, leave,
pensions, traveling allowance, retirements and all conditions of service and the
rules for the time being in force relating to the conduct of Government servants
and enquiries in to the conduct and punishment of Government servants, shall
apply to the Officers and servants of the Board appointed under Section 17.
17. Appointment of Officers & Servants - (1) Subject to the provisions of this
Act the Board may have a Secretary,7[XXXX] one or more Assistant Housing
Commissioner and such other engineers, architects, Officers and servants as it
shall deem necessary and proper for the efficient execution of its duties and
shall from time to time prepare, for the sanction of Government, a schedule of
the staff to be so maintained setting forth their designations, grades, salaries,
fees and allowances, and their respective duties and may also determine which
of the staff is to be maintained permanently and which temporarily:
Provided that the Board shall set forth the designations and determine
the grades, salaries, fees and allowances and inconformity with the
arrangements prevailing and the schedule of rates in vogue in the
establishment of the Government:
1. Substituted by the Act No. 4 of 1984, S.8.2. Substituted by the Act No. 12 of 2010, S.3.3. Substituted by the Act No. 12 of 2010, S.3.4 .Substituted by the Act No. 4 of 1984, S.9.5 . Substituted by the Act No. 15 of 1962, S.8.6. Substituted by the Act No. 15 of 1962, S.8.7. Omitted by the Act No.25 of 1981, S.7.
Provided further that the power of appointing such Officers and servants
whose minimum monthly salary exclusive of allowances exceeds1[rupees two
hundred and fifty] shall vest in the Government;
2[(2) Notwithstanding anything in sub-section (1), the Government may
transfer any officer or servant of the Board taken over by it from the Hyderabad
City Improvement Board or the Secunderabad Town Improvement Trust under
section 19 or from any Department of the Government, to the service of the
Government and transfer any officer of the Government to the service of the
Board.
(3) The Board shall have the power to create with the previous approval
of the Government, such posts of officers and servants whose minimum
monthly salary exclusive of allowances does not exceed rupees two hundred
and fifty, as it may consider necessary for carrying out the purposes of this
Act.]
18. Conditions of service of Officers and servants- The remuneration and
other conditions of service of the Secretary,3[XXXX] and other Officers and
servants of the Board shall be such as may be prescribed.
4[18-A. Delegation - Subject to any rules that may be made in this behalf, the
Board may by order delegate any of its powers to the5[Vice-Chairman and
Housing Commissioner] or to any other officer of the Board. The exercise of any
powers delegated under this section shall be subject to such restrictions,
limitations and conditions and to such control by the Board as may be
specified in the order.]
19. Absorption of the existing staff of the Hyderabad City Improvement
Board and the Secunderabad Town Improvement Trust by the Board - The
Board shall take over and employ such of the existing staff serving for the
purposes of the Hyderabad City Improvement Board and the Secunderabad
Town Improvement Trust as the Government may direct, and every person so
absorbed shall be governed by the provisions of this Act and the rules and
regulations made thereunder.
20. General disqualification of all Officers and servants - No person who
has directly or indirectly by himself or his partner or agent any share or
interest in any contract, by or on behalf of the , or in any employment under,
by or on behalf of the Board otherwise than as an Officer or servant thereof,
shall become or remain an Officer or servant of the Board.
CHAPTER – III
HOUSING SCHEMES
21. Duty of Board to undertake housing schemes - Subject to the provisions
of this Act and subject to the control of the Government, the Board may incur
expenditure and undertake works for the framing and execution of such
housing schemes as it may consider necessary from time to time, or as may be
entrusted to it by the Government.
1. Substituted by the Act No.15 of 1962, S 9.2. Substituted by the Act No. 15 of 1962, S.9.3.Omitted by the Act No.25 of 1981, S.8.4. Inserted by Act No.15 of 1962, S,10.5. Substituted by Act No.4 of 1984, S, 10.
1[21-A. Creation of subsidiaries.The Board may, in furtherance of the
objectives of the Act, and for undertaking the activities specified in section 21-
B, with the prior approval of the Government, create a subsidiary in the form
of,-
(i) an institution to be incorporated and organised under the provisions of
the Companies Act,1956 (Central Act 1 of 1956);
(ii) a society under the provisions of the Andhra Pradesh Co-operative
Societies Act,1964 (A.P.Act 7 of 1964); or the Andhra Pradesh Mutually Aided
Co-operative Societies Act,1995 (A.P.Act 30 of 1995);
(iii) a firm under the provisions of the Indian Partnership Act,1932
(Central Act 9 of 1932).
21-B. Activities of subsidiaries. A subsidiary created under section 21-A may
undertake the following activities:-
(i) to construct integrated townships on non-competitive basis with
Andhra Pradesh Housing Board in Andhra Pradesh;
(ii) to construct integrated townships outside the State and outside the
country with the prior approval of the State Government;
(iii) to enter into joint ventures in public-private, private-public
partnership to construct group housing and integrated townships;
(iv) to enter into joint ventures with private sectors for value-chain on
technology up-gradation such as pre-cast, furnishings, furniture, etc.;
(v) to enter into joint ventures for development of integrated township
development projects, housing development projects and for other civil
construction projects;
(vi) to carry on the business of providing urban infrastructure services
including integrated housing and slum development and all activities incidental
and ancillary thereto;
(vii) to carry on the business of interior designers, decorators and to carry
on all activities incidental thereto; and
(viii) to carry out such other functions as may be specified by the Board or
as the case may be the Government, from time to time.]
22. Matters to be provided for by housing schemes - Notwithstanding
anything contained in any other law for the time being in force, a housing
scheme may provide for all or any of the following matters, namely:-
(a) the acquisition by purchase, exchange or otherwise of any
property necessary for or effected by the execution of the scheme;
(b) the laying or relaying out of any land comprised in the scheme;
(c) the distribution or redistribution of sites belonging to owners of
property comprised in the scheme;
2[(cc) the improvement and clearance of slums in the area included
in the scheme;]
1. Inserted by Act No.32 of 2006, S,2.2. Inserted by Act No.15 of 1962, S,11.
(d) the closure or demolition of dwellings or portions of dwelling
unfit for human habitation;
(e) the demolition of obstructive buildings or portions of buildings;
(f) the construction and reconstruction of buildings, their
maintenance and preservation;
(g) the sale (including on hire purchase system), letting or
exchange of any property comprised in the scheme;
(h) the construction and alteration of streets and back lanes;
(i) provision of the draining, water supply and lighting of the area
included in the scheme;
(j) the provision of parks, play-fields and open space for the benefit
of any area comprised in the scheme or any adjoining area and the
enlargement of existing parks, play-fields, open spaces and
approaches;
(k) the provision of sanitary arrangements required for the area
comprised in the scheme, including the conservation and
prevention of any injury or contamination to rivers or other
sources and means of water supply;
(l) the provision of accommodation for any class of in habitants;
(m) the advance of money for the purposes of the scheme;
(n) the provision of facilities for communication and transport;
(o) the collection of such information and statistics as may be
necessary for the purposes of this Act;
(p) any other matter for which, in the opinion of the Government, it
is expedient to make provision with a view to provide housing
accommodation and to the improvement or development of any
area comprised in the scheme or any adjoining area or for the
general efficiency of the scheme.
1[22-A.Declaration of intention to make a housing scheme- The Board
may, from time to time, by notification in the Andhra Pradesh Gazette declare
its intention to make a housing scheme for any area setting forth the extent of
land proposed to be included in the scheme and such other particulars as may
be prescribed.]
23. No housing scheme to be made for area included in improvement
scheme or be inconsistent with town planning scheme –(1)  No housing
scheme shall2[unless the Government by general or special order otherwise
direct]-
(a) be made for any area for which an improvement scheme, under
any law for the time being in force regulating the duties and
powers of a Municipal Corporation, Municipal or Town Committee,
1. Inserted by Act No.15 of 1962, S,12.2. Inserted by Act No.15 of 1962, S,13.
1[a District Municipality, a Zilla Parishad, a Panchayat Samithi] or
Village Panchayat has been sanctioned;
(b) Contain any thing which is inconsistent with any matter
included in a town planning scheme sanctioned by the
Government under any Law for the time being in force.
(2) should a dispute arise, whether or not a Housing Scheme: -
(a) includes any area for which an improvement scheme mentioned
in clause (a) of sub-section (1) has been sanctioned;
(b) contains anything inconsistent with any matter included in a
town planning scheme mentioned in clause (b) of sub-section (1);
the dispute shall be referred to Government whose decision shall be final.
24. Preparation and submission of annual housing programme, budget and
establishment schedule – (1) Before the first day of December in each year the
Board shall prepare and forward-
(i) a programme,
(ii) a budget for the nest year.
(iii) a schedule of the staff of Officers and servants already
employed and to be employed during the next year, to the
Government in such form as may be prescribed.
(2) The programme shall contain-
(a) Such particulars of housing schemes as may be prescribed and
which the Board proposes to execute whether in part of whole
during the next year;
(b) The particulars of any undertaking which the Board proposed
to organize or execute during the next year for the purpose of the
production of building materials; and
(c) Such other particulars as may be prescribed.
(3) The budget shall contain a statement showing the estimated receipts
and expenditure on capital and revenue acc units for the next year.
25. Programme to be published for inviting suggestion and objections – (1)
The Board shall, before forwarding the programme to the Government under
Section 24 publish a draft of the programme in the2[Andhra Pradesh Gazette]
and in such other manner as may be prescribed.
(2) If within three weeks from the date of such application any person
communicates in writing to the Board any suggestion or objection relating to
such programme the Board shall consider such suggestion or objection and
may modify such programme as it thinks fit.
(3) The Board shall then forward the programme, the Budget and
schedule of the staff of Officers and servants to the Government for sanction as
required under Section 24.
1. Substituted by the Act No. 15 of 1962, S.13.2. Substituted by Act No.15 of 1962. S,23.
26. Sanction to Programme, budget and Establishment Schedule - T h e
Government may sanction the programme, the Budget and schedule of the
staff of Officers and servants forwarded to it with such modifications as it
deems fit1[XXX].
27. Publication of sanctioned programme - The Government shall publish
the programme sanctioned by it under Section 26, in the2[Andhra Pradesh
Gazette.]
28. Supplementary programme budget and establishment schedule - The
Board may, at any time, during the year, in respect of which a programme has
been sanctioned under Section 26 submit a supplementary programme and
budget and the additional schedule of the staff, if any, to the Government and
the provisions of Section 26 shall apply to such supplementary programme,
budget and schedule. The provisions of Section 27 shall also apply to such
programme.
29. Variation of programme by Board after it is sanctioned - The Board
may, at any time, vary programme or any part thereof3[sanctioned by the
Government, without deviating from the very purpose for which it is
sanctioned:]
Provided that no such variation shall be made if it involves expenditure
in excess of ten per cent of the amount as originally sanctioned for the
execution of any housing scheme included in such programme, or affects its
scope or purpose.
30. Sanctioned Housing Schemes to be executed  - After the programme has
been sanctioned and published by the Government under Sections 26 and 27,
the Board shall, subject to the provisions of Section 29 proceed to execute the
housing schemes included in the programme.
31. Publication of housing scheme in the2[Andhra Pradesh Gazette] - (1)
Before proceeding to execute any housing scheme under Section 30 the Board
shall, by notification in the2[Andhra Pradesh Gazette], publish the scheme.
The notification shall specify that the plan, showing the area which it is
proposed to include in the housing scheme and the surrounding lands, shall be
open to inspection of the public at all reasonable hours at the Office of the
Board.
(2) If within two weeks from the date of the publication of the Housing
Scheme any person communicates in writing to the Board any suggestion or
objection relating to the scheme, the Board shall consider such suggestion or
objection and may modify the scheme as it thinks fit.
(3) The Board shall then by notification in the2[Andhra Pradesh Gazette]
publish the final scheme. The notification shall specify that the plan, showing
the area included in the final scheme and the surrounding lands and other
particulars as may be prescribed shall be open to inspection of the public at all
reasonable hours at the Office of the Board.
1. Omitted by Act No.12 of 2010. S,4.2. Substituted by Act No.15 of 1962. S,23.3. Substituted by Act No.12 of 2010. S,5.
(4) The publication of a notification in the1[Andhra Pradesh Gazette]
under sub-section (3) shall be conclusive evidence that the said scheme has
been duly framed.
32. Transfer to the Board for purposes of housing scheme of land vested
in local authority - (1) Whenever any street, square or other land, or any part
thereof which is situated within the Jurisdiction of a local authority and is
vested in the said local authority, is within the area included in the programme
sanctioned by the Government and is required for the purpose of such housing
scheme, the Board shall give notice accordingly to the local authority in which
it vests.
(2) Where the said local authority concurs, such street, square or other
land or part thereof shall vest in the Board.
(3) Where there is any dispute the matter shall be referred to the
Government. The Government shall, after hearing the local authority
concerned, decide the matter and the decision of the Government shall be final.
If the Government decides that such street, square or land, shall vest in the
Board, it shall vest accordingly.
(4) Nothing in this section shall effect the rights or powers of the local
authority in or over any drain or water works in such street, square or land.
33. Compensation in respect of land vested in the Board - (1) Where any
land vests in the Board under the provisions or Section 32 and the Board
makes declaration that such land shall be retained by the Board only until it
revests in the local authority as part of a street or an open space under Section
26 no compensation shall be payable by the Board to the local authority in
respect of that land.
(2) Where any land vests in the Board under Section 32 and no
declaration is made under sub-section (1) in respect of the land, the Board
shall pay to the local authority as compensation a sum equal to the value of
such land.
(3) If, in any case where the Board has made a declaration in respect of
any land under sub-section (1), the Board retains or disposes of the land
contrary to the terms of the declaration so that the land does not revest in the
local authority the Board shall pay to the local authority compensation in
respect of such land in accordance with the provisions of sub-section (2).
34. Power of Board to turn or close public street vested in it - (1) The
Board may turn, divert, discontinue the public use of, or permanently close,
any public street vested in it or any part thereof.
(2) Whenever the Board discontinues the public use of, a permanently
closes any public street vested in it or any part thereof, it shall, as far as
practicable, provide some other reasonable means of access to be substituted
in lieu of the use, by those entitled, or the street or part thereof and pay
reasonable compensation to every person who is entitled, otherwise than as a
mere member of the public, to use such street or part as means of access and
has suffered damage from such discontinuance or closing.
1. Substituted by Act No.15 of 1962. S,23.
(3) In determining the compensation payable to any person under sub-
section (2) the Board shall make allowance for any benefit accruing to him from
the construction, provision or improvement of any other public street at or
about the same time that the public street part thereof on account which the
compensation is paid, is discontinued or closed.
(4) When any public street vested in the Board is permanently closed
under sub-section (1), the Board may sell or lease so much of the same as is no
longer required.
35. Reference to Tribunal in case of dispute under sections 33 or34 - If
there is any dispute as to whether any compensation is payable under section
33 or as to the amount of compensation payable under section 33 or section
34, as the case may be the matter shall be referred to the Tribunal.
36. Vesting in local authority of street laid out or altered and open space
provided by the Board under housing scheme - (1) Whenever the
Government is satisfied-
(a) that any street laid out or altered by the Board has been duly
levelled, paved, metalled, flagged, channelled, sewered and drained in
the manner provided in the programme sanctioned by the
Government under section 26, and
(b) that such lamps, lamp-posts and other apparatus as the local
authority considers necessary for the lighting of such street and as
out to be provided by the Board have been so provided, and
(c) that water and other sanitary conveniences have been duly
provided in such street,
the Government may declare the street to be a public street, and the
street shall thereupon vest in the concerned local authority and shall
thenceforth be maintained, kept in repair, lighted and cleaned by the
said local authority.
(2) When any open space for purposes of ventilation or recreation has
been provided by the Board in executing any housing scheme, it shall on
completion be transferred to the local authority concerned, by resolution of the
Board, and shall thereupon vest in, and be maintained at the expense of, the
local authority:
Provided that the local authority may require the Board before any such
open space is so transferred to enclose, level, turf, drain and lay out such
space and provide footpaths therein, and if necessary, to provide lamps and
other apparatus for lighting it.
(3) If any difference of opinion arising between the Board and the local
authority in respect of any matter referred to in the foregoing provisions of this
section, the matter shall be referred to the Government whose decision shall be
final.
37. Other duties of the Board - It shall be the duty of the Board to take
measures with a view to expediting and cheapening construction of buildings
and the Board may for that purpose do all things for-
(a) unification, simplification and standardisation of building
materials;
(b) encouraging prefabrication and mass production of house
components;
(c) organising or undertaking the production of building materials
required for the housing schemes;
(d) encouraging research for discovering cheap building materials and
evolving new methods of economic construction;
(e) securing a steady and sufficient supply of workmen trained in the
work of construction of buildings.
38. Reconstitution of plots - A housing scheme may provide –
(a) for the formation of a reconstituted plot by the alteration of the
boundaries of an original plot;
(b) with the consent of the owners that two or more original plots
each of which is held in ownership in severalty or in joining
ownership shall, with or without alteration of boundaries be held in
ownership in common as a reconstituted plot;
(c) for the allotment of a plot to any owner dispossessed of a land in
furtherance of the housing scheme; and
(d) for the transfer of ownership of a plot from the person to another.
39. Power to exempt schemes from provisions of section 24 to31 - The
Government may, by general or special order published in the1[Andhra
Pradesh Gazette], exempt any housing scheme entrusted by it to the Board
from all or any of the provisions of sections 24 to 31 (both inclusive) subject to
such conditions, if any, as it may impose or may direct that any such provision
shall apply to such scheme with such modifications as may be specified in the
order.
CHAPTER – IV
ACQUISITION AND DISPOSAL OF LAND
40. Power to purchase or lease by agreement - (1) The Board may enter into
an agreement with any person for the acquisition from him by purchase, lease
or exchange, of any land which is needed for the purposes of a housing scheme
or any interest in such land or for compe

Excerpt shown. Open the full act in Lexace.

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